Please read this agreement carefully as use of the video calling service implies your acceptance of these terms.

Any translations of this agreement are provided for your convenience only. Only the English version of this agreement has legal effect and takes precedence over any translated versions.

This is an agreement between you and Dolphin Computer Access Ltd, a UK Limited Company, company registration number 2065974, registered address Technology House, Blackpole Estate West, Worcester UK, WR3 8TJ and its subsidiaries and associates (“Dolphin”), which covers the Service by Dolphin and its Distributors and Resellers.

Recommended Requirements

You should ensure that your hardware meets or exceeds the recommended requirements as specified on our website. Failure to do so may result in reduced quality or lower performance.

Limitations of Use & Fair Usage

The Service is for personal use only and is not to be used by commercial organisations unless with express consent from Dolphin.

Dolphin reserves the right to impose limitations of use or suspend access based on what we consider to be fair or legitimate usage. Dolphin’s fair usage policy is intended to prevent the abuse of the Service and ensure all Users have a positive usage experience.

Content

The Service allows Users to share Content (video and audio) between themselves. Under no circumstances will Dolphin be liable in any way for the Content. By using the Service, you agree that any content that you submit may be transmitted to the recipient of your communication.

Dolphin reserve the right to terminate your usage of the Service at any time.

Privacy and Data

Personal information will be processed in accordance with our privacy policy which can be found on our website.

Your email address and the email addresses of contacts that you add to ‘Favourites’ are sent to Dolphin and held temporarily whilst you are logged into the video calling service. This is required to allow calls to be routed correctly. These email addresses will not be used for any other purpose.

Dolphin may log calls, call durations and bandwidth usage for the purpose of diagnostics and managing network and server resources in line with our Fair Use policy outlined above.

Dolphin uses IPSEC encryption to secure your video calling communications, both video and audio. Data is sent directly between Service users across the internet where possible. However there may be instances where this data is relayed through one of Dolphin’s servers, if this happens Dolphin will not store, record or decode it.

Service Quality & Maintenance

The Service is supplies “as is”, there is no guarantee that it will be error-free and there is no warranty either expressed or implied. It is to be used at the User’s own risk and discretion. The Service will continually be developed and so there may be changes to functionality and layout without advance notice. Dolphin therefore makes no warranties with respect to the availability, merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness, performance, and quality of the Service

From time to time it might be necessary to perform maintenance on the Service or the underlying infrastructure which may require temporary suspension of the Service. As far as is reasonably possible Dolphin will publish the time and date of any suspension or limitation in advance, and arrange for this to be outside of peak usage hours, unless an intervention is urgently required. You will not be entitled to claim damages from Dolphin for such suspensions or limitations.

Upgrades and changes to the service may require you to update your software to continue to use the service.

Notifications

Dolphin may need to send you information about the Service, such as important service announcements and administrative messages. This will be done by in-app notifications or other electronic communication, by posting a notice on our website, or through any other relevant communication channel.

Other Clauses

Limitation of Liability

Dolphin will have no liability, whether in contract, law or any other theory of liability, in relation to or arising from you use of the Service, whether or not Dolphin has been notified of the possibility of such damages or losses. This may include but is not limited to loss of income, loss of data and reputation damages.

Indemnity

If a third party brings a claim against Dolphin in connection with, or arising from your breach of these terms, applicable laws, infringement or violation of rights of any third party or your Content, you will indemnify and hold Dolphin harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees) related to such a claim.

Partial Invalidity

If any part of this Agreement is declared as invalid or unenforceable by a Court or other binding authority, the remaining terms, conditions and provisions shall continue to be valid and enforceable to the fullest extent permitted by laws of the United Kingdom.

Governing Law

This Agreement shall be governed by and interpreted in accordance with the laws of England & Wales.